Procedures for relocation of owners and users of apartment buildings in Vietnam from August 1, 2024

Procedures for relocation of owners and users of apartment buildings in Vietnam from August 1, 2024 (Image from the Internet)

On July 25, 2024, the Government of Vietnam issued Decree 98/2024/ND-CP guiding Housing Law 2023 on the renovation and reconstruction of apartment buildings in Vietnam.

Procedures for relocation of owners and users of apartment buildings in Vietnam from August 1, 2024

According to the provisions of Article 24 Decree 98/2024/ND-CP, the procedures for relocating owners and users of apartment buildings in Vietnam are as follows:

- For cases stipulated in Clause 1, Article 23 Decree 98/2024/ND-CP:

+ The provincial housing management agency shall submit to the provincial People's Committee for issuing an emergency relocation decision within a maximum period of 3 days from the time of the competent authority's conclusion that the apartment building no longer meets the safety conditions for continued use as stipulated by law.

The emergency relocation decision includes the following contents: location of the apartment building to be urgently relocated, temporary accommodation arrangement, relocation method, relocation period, responsibilities of agencies, organizations, and individuals involved in implementing the emergency relocation decision; relocation costs;

- Upon issuance of the emergency relocation decision, the district-level People's Committee where the apartment building is located shall take the lead in cooperating with relevant local agencies to urgently relocate all owners and users of the apartment building to temporary accommodation as specified in the emergency relocation decision stipulated in point a, clause 1, Article 24 Decree 98/2024/ND-CP;

+ The provincial housing management agency or the district-level People's Committee, if assigned by the provincial People's Committee, shall cooperate with local financial agencies to propose that the provincial People's Committee allocate emergency relocation funds from the local regular budget expenditures.

- For cases stipulated in Clause 2, Article 23 Decree 98/2024/ND-CP:

+ Within a maximum period of 15 days from the date the compensation and resettlement plan is approved, the investor shall cooperate with the provincial housing management agency to report to the provincial People's Committee for issuing a relocation decision according to Clause 3, Article 73 of the Housing Law 2023 and send it to the district-level People's Committee, commune-level People's Committee where the apartment building is to be relocated to directly notify the owners and users of the apartment building to be relocated;

+ Within a maximum period of 30 days from the date of the relocation decision specified in point a, clause 2, Article 24 Decree 98/2024/ND-CP, the district-level People's Committee shall take the lead in cooperating with the commune-level People's Committee, the project investor, and other relevant local agencies to organize the relocation of all owners and users of the apartment building to temporary accommodation to hand over the ground to the project investor.

- For cases where there are apartments belonging to public assets that must be relocated according to Article 23 Decree 98/2024/ND-CP, the competent state agency must carry out procedures for the recovery of houses belonging to public assets according to housing law provisions.

Refer to Decree 98/2024/ND-CP which takes effect in Vietnam from August 1, 2024.

Decree 69/2021/ND-CP shall cease to be effective in Vietnam from the effective date of Decree 98/2024/ND-CP.

Annul Article 7 Decree 35/2023/ND-CP of the Government of Vietnam on amending and supplementing several articles of the Decrees under the state management domain of the Ministry of Construction.

Vo Tan Dai

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